Aldon Smith and the 49ers got the 9-game suspension they should’ve expected, but almost certainly didn’t, which is their own fault

So the news finally came down earlier today: NFL commissioner Roger Goodell suspended 49ers All-Pro linebacker Aldon Smith for the first nine games of this season and, according to multiple reports, neither the team or Smith will appeal the ruling.

As I’ve said numerous times before, I don’t really understand how Goodell comes up with these exact numbers and what pieces of policy, politics, evidence and testimony he weighs heaviest, but I do believe this:

After Smith’s repeated offenses and misbehavior, and after watching other recent NFL suspensions for similar individual offenses, if the 49ers didn’t know Smith might get suspended for about half the season, they were being willfully naive.

And I do believe they expected and agitated for a LOT less than nine games. They were incorrect in this stance and they’ve been incorrect on this issue–the proper punishment for Smith–from just about the moment he was taken in on a DUI arrest last September then was pushed out there to play every defensive snap of the game against the Colts a few days later.

The biggest misperception, by far: That Smith’s voluntarily stint in a rehab center last year, which caused him to miss five games, would in large part off-set any potential future NFL punishment.

No, that was a wrong-headed argument at the start, has always been wrong and Goodell just proved that it was wrong.

The key words with the Smith decision, I believe, are “multiple offenses.” That has always been my focus in relation to NFL punishment; keep his two DUI arrests plus his incident at LAX plus his weapons offenses in mind when you remember that, just in the last few weeks….

* Denver kicker Matt Prater was hit with a 4-game suspension for a recent substance-abuse violation that occurred several years after a DUI offense.

* Dallas safety Jakar Hamilton was hit with a 4-game suspension for a substance-abuse violation.

* Cleveland receiver Josh Gordon was suspended for the entire season for multiple violations of the substance-abuse program.

Again, I don’t understand how Goodell decides these exact terms and some of it does seem random, especially in the wake of the egregiously light two-game suspension for Ray Rice after an incident of domestic abuse. (The furor over that light sentence caused Goodell to issue a new and tougher suspension policy for such acts.)
But nine games for Smith does seem like an odd number, and given that we can assume there were some negotiations back and forth between Smith and the union and the NFL on this, with the 49ers probably jumping in too… maybe the NFL originally wanted more than 9 games and this was bargained down to the final figure.
Also, Smith will be able to work out at the 49ers facility during the suspension, which is usually prohibited for suspended players.

Anyway, I see many 49ers fans getting angry at the length of this suspension, particularly because Goodell, when asked months ago, said that Smith’s five-game absence last year would be a factor in the NFL’s suspension decision.

My main point: The 49ers and their fans got this interpretation all wrong. Goodell never meant to say that the rehab stint was the equivalent of a 5-game suspension or that it would, in and of itself, significantly reduce any suspension for Smith.

His statement just meant that all things related to Smith’s situation would be taken into account, including his 5-game rehab absence and many, many other things.

Folks, Smith was PAID during rehab.

And we were told all along that Smith volunteered to go into the program, that he needed this to get himself right and that Jed York and the 49ers organization only wanted what was best for him, not for the football team.
If you say his rehab stint was only about him getting better, then you can’t say he needs to play football as much as possible once he’s out just because, well, he went into rehab. Because it was about getting better, not football, RIGHT?

Then Smith came back–with every dollar of his salary paid during that time–and was hustled back into the lineup as soon as possible, once again.

I have no idea if this was part of Goodell’s thinking, but the 49ers’ argument that a paid absence should and probably would negate a suspension was insulting to any logical mind.
If you ask me, this shows the 49ers just wanted Smith to play for them, rehab was a path to that, and so far it has been a success, and I applaud that.

Getting Smith healthy and sober was the No. 1 priority. So why would going into rehab reduce his penalty for the actions that caused all this?

It shouldn’t. It didn’t. Any other expectation was incorrect.

* Finally, I said weeks ago that this would in some way show whether Jed York has clout with Goodell. We just saw how much.

Baltimore owner Steve Bisciotti is a power player and I believe his relationships in league circles helped limit the scope of Rice’s suspension.

I’m not sure York is a power player yet. I’m relatively certain the league wasn’t thrilled with the way the 49ers handled the Smith situation, and maybe that’s another reason why York isn’t a power player.

The niners were aware of the number and were active in the conversations. They do have clout with the league office given that Aldon can participate in team activities during suspension. Smart move to keep Smith engaged with and supported by his teammates.

O_day

” I’m relatively certain the league wasn’t thrilled with the way the 49ers handled the Smith situation, and maybe that’s another reason why York isn’t a power player.”

There is the reason.

N.B. He wasn’t a “power player” in San Francisco, either; ergo, off to the little town of Santa Clara.

primafacie

Four to six seemed likely. But I’m not the NFL commissioner, I just play one on the internet.

kgbdk

The front office has been doing everything they can to prepare for Aldon’s suspension this entire off-season. Corey Lemonier and Dan Skuta did an admirable job filling in for him last year, and the team went 5-0 during that stretch. Now they have Aaron Lynch and Tank Carradine to generate additional pressure. Why wouldn’t they be angry at the length of the suspension when Ray Rice got only 2 games for beating a woman? This was obviously Goodell trying to send a message about how tough he is. Unfortunately, Aldon and Josh Gordon were the ones he decided to punish the most harshly. Goodell has ensured that Santa Clara will be booing his name vociferously when the Superbowl comes here.

Tom Logue

Optimistic expectations are a victim-less crime. Fault? Really?

sidbrown210

Naive? Really? I very much disagree Tim when you have the Commissioner making public statements like “it will certainly weigh into things …”. You yourself state that you’re not sure how Goodell comes up with these exact numbers. If that’s so, the only thing we can do is use previous suspensions as a rough guide. Combine with what was said publicly (which has been proven to a be a outright lie), with suspensions for other players with MUCH worse offenses, 9 games understandably was unexpected. It’s like serving time and being told you’ll get time reduced for time served plus the penalty all to find out during sentencing, whoops, the judge lied and you’ll need to serve the ENTIRE sentence. I call bull.

sc00by_d00

It’s about time the Commissioner decided to take player conduct seriously. It’s just unfortunate he decided to grow a set just when Aldon came due.

CSNinerFan

It’s hard to know what to expect from the NFL these days…some guys are getting 4 games for smoking pot, wife beaters get 2 games…so what should the Niners have expected after the legal system didn’t really pursue serious charges on Aldon? I vehemently disagree with you…9 games is a harsh punishment. You can slice and dice it any way you want, it’s a stiff penalty. You seem to take great delight in “sticking it to the Niners”…why is that? You’re quick to jump to slam the team and/or its players, coaches, ownership. Why is that? You’re earning a title something like “doomsday reporter”…not one I’d seek, but my glass tends to be half full.

fryet

I think most fans expected that Aldon would receive a fine for the 5 games that he missed so that he wasn’t paid. If you could consider the 5+9, you are looking at almost an entire season penalty – that is normally reserved for repeat offenders (aka the second penalty). This is the first penalty for Aldon, it really should have been less. The league definitely made a statement with this suspension. If your player has an alcohol problem, do not send him to rehab midseason. Tell him to suck it up and go to rehab after the season is over.

biggiep

Tim’s job IS to speculate and you should blame yourself for not knowing the difference between a columnist and a beat writer. His negative speculation is no more “disgusting” than his positive speculation and I certainly don’t see you crying on articles where Tim speaks well of the team (ie. the 49ers will win this year’s SB). The problem isn’t Tim’s opinion, it is your homerism so go look in the mirror.

mhyke

I still do not understand why the league can punish a man for an act which the legal system is punishing him.

If you get a speeding ticket, do you expect your employer to suspend you for a day of work? What happens outside of work is not purview of the employer.

As long as the man is paying his penalty the league should not ask for more.

ed

yes it happens in civil service all the time. when he signs the contract, its an agreement with the NFL and NFLPA

ed

wow how little you know.. He had four arrests..he was given five games for player misconduct, and four games for violating the substance abuse program with two duis and possession of marijuana.

ed

first of all, in rehab he was paid his full salary..second he was given 5 games for his misconduct and 4 games for drug possession..

ed

he was given 5 games for his 3 arrests and 4 games for possession of drugs…simple…

ed

where did the commissioner say he was going to go easy?

ed

he was given five games player misconduct and four games for drug possession

ZFoto

Really??? Try getting arrested for guns, drugs, a bomb threat, DUI and see how long you have a job.

ellafino

You were joking right?

ed

4 arrests and a drug possession…let me guess one game

ellafino

Maybe it did, he could have been suspended for the entire season.

Patrick Butler

realistically Smith got what he asked for he just didn’t remember asking for it

Bigmouth

Puh-leeze. The only reason Aldon got suspended for this many games is the Ray Rice backlash. Goodell blew that one badly, and Aldon paid the price.

Smith should have been given credit for time served. If you don’t like how he was paid when he went to rehab, then impose a fine for that amount.

leftcoast

Get a life. When you drive drunk, you put other people’s lives at risk–like your kid’s maybe. And he did it TWICE. And he had an illegal weapons charge. And he caused a bomb scare in an airport. 9 games? You betcher.

Bigmouth

Tell you what, I’ll get a life if you promise to get a clue.

Yes, Aldon could have hurt or killed someone, which is inexcusable. But let’s remember what didn’t happen.

He didn’t beat anyone unconscious like Ray Rice (2 games).

He didn’t sexually assault anyone like Ben Rapelisberger (4 games).

He wasn’t implicated in anyone’s murder like Ray Lewis (0 games).

With those precedents, I think 4 games would be fair. If you want to send a message, suspend him for 9 games and credit him for 5 games served. But it’s not fair for the league to make him pay for its own PR problem. That’s what happened here and it stinks.

ed

no he just had two DUIs, Gun arrests, airport incident, party at house with gun fire, and possession of weed..lets see nice guy one game